MINUTES - REGULAR MEETING - BOARD OF SELECTMEN
NOVEMBER 16th, 2000
NEWFANE TOWN OFFICE

Any and all corrections to the following minutes will be made at the 12/07/00 Board of Selectmen's Meeting and are considered unapproved until then. Corrections will be noted in the minutes of that meeting.

PRESENT:
Selectmen: Michael Rohan, Jesse Anderson, Lynn Bedell, and Richard Dowley
Absent: Carter Van Iderstine.
Also Present: Attorney Richard Gale representing Don and Pat Williams, James O. Gray, Road Foreman and Doris Knechtel, Administrative Assistant.

1. CALL TO ORDER
Chairman M. Rohan called the Regular Meeting of the Board to order at 7:00 p.m.

2. ATTY. RICHARD GALE - DON & PAT WILLIAMS
Attorney Richard Gale, representing Donald and Patricia Williams, was present to discuss with the Selectboard the flood damage that occurred on July 16 and 17, 2000 to the lot and the structure owned by Donald and Patricia Williams. The property was valued at $65,367, 84% of fair market value before the damage. The value has been reduced to $9,000 by the Listers and the Selectboard and the taxes have been abated down to the $9,000 value by the Board of Civil Authority. The Williams's do not have flood insurance, as they are not within the flood hazard area. They also have a mortgage on the property. The estimated cost to repair the property: foundation- $25, 000 to $35,000; replace well - $5,000; and replace septic system - $12,000 to $15,000. The USDA Damage Survey Report indicates that the cost to stabilize the stream bank would be in the range of $50,000. The dwelling is not occupied. If the property is going to be considered for the VEM property acquisition program, then USDA will not fund the stabilization project. The repair for the Steep Way Road (TH#21) is being paid for through the FEMA program.

Attorney Gale spoke of the Hazard Mitigation Grant Program which may assist with this project. The town would need to apply for the grant for the acquisition of the Williams's property. Angela Magara is the state Hazard Mitigation Officer for Vermont Emergency Management. The Board members agreed to write a letter of intent to complete an application for the acquisition of the Williams's property through the Hazard Mitigation Grant Program. Eventually there will need to be a town meeting. A. Magara will be asked to view the site and to explain to the Board how the process works. Attorney Gale indicated that he will help to facilitate the process.

4. ROAD BUSINESS
A. ROAD COMMISSIONER'S REPORT - (See attached report)

R. Dowley reported that the stone wall by Penner's is still in the process of being repaired. The builders will be informed that they need to complete the stone wall before the winter snow season or Penner Road (TH#31) will not be plowed.

B. ROAD FOREMAN'S REPORT - (See attached report)
(1) Item #3 - The Snow-King plow for the Ford 550 has been at Vermont Municipal since February 2000 for repairs. The plow has recently been returned but it is not working properly. In their attempts to correct the original problem, it is now worse. There has been an ongoing problem with the plow since it was received two years ago. M. Rohan will contact the representatives of Vermont Municipal and Viking-Chives about a new 9' Fisher replacement plow.

C. EXCESS WEIGHT PERMITS
No Excess Weight Permits were presented for action.

D. ACCESS/RIGHT OF WAY PERMITS
Motion was made by M. Rohan and seconded by R. Dowley to sign the approval to Proceed with Right of Way permit (A00.10) submitted by Wright Construction for Clarence St. Amant to allow the culvert to be covered during the time of installation of a holding tank at the St. Amant property on Depot Road (TH#2). In favor: M. Rohan, L. Bedell and R. Dowley. Recused: J. Anderson. Motion passes.

4. F. OTHER ROAD BUSINESS
(1) Bridges - The Board feels that Bridge #43 on Wiswall Hill Road (TH#11) was not repaired properly by Gurney Brothers a few years ago and not there is a report from the state to indicate that the downstream concrete wingwall at abutment #2 is undermined. Wm. Noyes will be contacted again about the repairs to the bridge.

(2) Bids for the needed repairs to the Brookline/Newfane bridge (BR#19) are due on November 20th. Brookline is overseeing the bidding procedure.

(3) The Arch Bridge (BR#12) is also in need of repair. Wm. Noyes will be contacted about the possibility of begin able to obtain 80/20 funds for the repairs.

(4) J. Anderson suggested that a response be written to Roger Whitcomb regarding the new-covered bridge (CB#17) replacement to let the state know about the type of openings, if there is to be lights on the bridge, etcetera. No letter will be written at this time as from the discussion, it does not appear that the Board is in agreement.

5. OLD BUSINESS
The Selectboard received a copy of the brief filed by Attorney T. J. O'Connor on behalf of Donald and Linda Miller in the VT Supreme Court matter of Miller v. Newfane. Chairman M. Rohan spoke with Jane Krochmalny, Esquire, and the next step in the process will be for her to file a response to the O'Connor brief within 20 days or will ask for an extension. M. Rohan will contact J. Krochmalny to proceed with the case. A copy of the brief received from O'Connor will be given to T. Schreyer, Chairman of the Listers. J. Krochmalny will be contacting T. Schreyer.

6. A. FY 2002 BUDGET PROCESS
Information will be available to begin the budget process for the FY 2002.

7. ADMINISTRATIVE ASSISTANT'S REPORT
A. J. Gray now has an answering machine at the town garage and a cell phone in his vehicle, which he made arrangements for.

B. The three draft letters ( to Attorney R. Perra regarding C. St. Amant; to Christopher Madden regarding new Newfane Post Office; and Joe Benedetto regarding items within the town highway right of way) for Chairman M. Rohan were reviewed by the Board members present. Motion was made by M. Rohan and seconded by L. Bedell to have M. Rohan sign all three letters with changes as proposed. Unanimous.

C. Information has been received from CTC Communications regarding a savings for the town and the school by combining instate and intrastate services. It appears to be about $450 combined savings for the town and school. Motion was made by M. Rohan and seconded by J. Anderson to authorize the Administrative Assistant to contract with CTC after double checking into the savings. Unanimous. The town & school currently have a contract with CTC for instate service. D. The pre-Act 250 meeting for the reclamation of the Haynes gravel pit will be held on Tuesday, November 21st beginning at 7:00 p.m. at the Williamsville Hall. J. Anderson will be in attendance from the Board.

E. The paving of the flood damaged section of the South Wardsboro Road (TH#1) will begin on Monday, November 20th by Labrie Asphalt & Construction of Easthampton, MA.

F. Financial - The Revenue and capital information for September, as well as the combined expenses for September and October detailed and summary reports were made available for the Board to review.

G. The Draft Detective (Dick Cartelli) has agreed to repair the leak by the lift door at the Williamsville Hall.

H. Kroka Expeditions, Johanna Gardner and Bahman Mahdavi are in the process of applying for an Act 250 permit to have an Outdoor Education Facility to be operated on the Gardner/Mahdavi property on South Wardsboro Road (TH#1). The Board reviewed the Act 250 Municipal Impact Questionnaire and supplied the appropriate responses. Motion was made by M. Rohan and seconded by R. Dowley to have Chairman M. Rohan sign the completed questionnaire on behalf of the Board. Unanimous.

I. A spread sheet was prepared for the FEMA funds received to date for the small projects. The total received to date is $94,100.02 including administrative funding of 3% for the first $100,000. Funds have also been received for the NBFD and West Dummerston Fire Department for their assistance with equipment and pumping of cellars. Motion was made by R. Dowley and seconded by L. Bedell to pay the funds due to the fire departments, total of $1,981. Unanimous.

J. Fitzpatrick Excavating has submitted an invoice for the amount of $30,521.91 for work on South Wardsboro Road (TH#1), Steep Way (TH#21) culverts and Newfane Hill Road (TH#20). $2,500 is proposed to be held back for final seeding after the paving and side dressing has been completed. It will be three week until the next meeting to sign pay orders. The work being done is because of an emergency flood situation. After further discussion the Board decided to pay the invoice pending approval of Wm. Noyes and J. Gray. That action will be taken at the time of the motion to approve the pay orders.

8. MINUTES
The minutes of the Regular Meetings of 10/19/00 and 11/02/00 have not yet been completed. The minutes of the Special Meetings of 11/07/00 and 11/14/00 have been completed. The Board will wait until the meeting of 12/07/00 to approve all of the minutes.

9. PAY ORDERS
A. Motion was made by M. Rohan and seconded by L. Bedell to approve the Newfane Payroll and Accounts Payable Warrants, as signed, with the condition that the check for Fitzpatrick Excavating, in the amount of $30,521.91, be held until such time as the work has been approved by William Noyes and James Gray.

11/04/00 Payroll $ 2,734.31
11/11/00 Payroll $ 2,796.25
11/17/00 Acct's Payable #12 $ 67,598.20 Unanimous

B. IRS Electronic Federal Payroll Tax Payments
11/08/00 $ 1,505.75
11/15/00 $ 953.40


10. CORRESPONDENCE
A. A letter has been received from Laura Bacon on representing the Newfane Conservation Commission asking to reimburse William Guenther $25.00 for payment made to Ted Schreyer for survey work done on the town garage parcel. Motion was made by R. Dowley and seconded by L. Bedell to reimburse Wm. Guenther $25.00 for survey work done. Unanimous. A copy of the survey should be in the town files. The Board also spoke of the trail use policy for non-mechanized vehicles only.

B. Deputy Henry Farnum submitted the materials from the speed monitoring survey from unmarked deputy vehicles in the Williamsville village area. Traffic is quite a bit higher in the mornings and late afternoons for people en route to and from day shift hours. The speeds are somewhat in excess of the posted speed limit, but not substantially. Two surveys indicated the average speed to be 28 to 30 mph.

C. A letter and an invoice has been received from NEMRC for $28.05 for assisting the town clerk on the phone rather than through the modem. A copy of the Annual Support contract for $960.00 and the invoice for consultation to set up the computers in January 2000 was also included for the Board's review. Board members felt that the invoice should be paid, but that it is a bad business practice on NEMRC's part and the Board will consider looking elsewhere for software support.

D. A letter has been received from Roger Whitcomb regarding the Brookline/Newfane bridge #19. The correspondence includes the plans for the repair of the bridge with a list of contractors to be considered for the work. The state will be contributing 95% of the repair costs with each community sharing the other 5%. Bids are due on November 20th in Brookline.

E. A letter has been received from Ann Kroll, Grants Management for Department of Housing and Community Affairs to say that the recent closeout report for the Newfane/Dummerston VCDP is complete. The report was compiled by the Newfane Town Treasurer.

11. EXECUTIVE SESSION - An Executive Session was not required.

12. ADJOURNMENT
Motion was made by R. Dowley and seconded by L. Anderson to adjourn the Regular Meeting of the Newfane Board of Selectmen at 9:00 p.m. Unanimous.

Doris A. Knechtel
Administrative Assistant
Newfane Board of Selectmen

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